Impact Investing: Keys to a Responsible Exit
Careful exit planning is needed throughout the impact investment process to overcome challenges to a responsible exit and ensure lasting impact.
Business Law Today: February 2024
Articles and Features
Gray-Market Solutions: Many Tools in the Toolbox
Legal actions in federal district court can allow companies facing imports of unauthorized gray-market and counterfeit goods to seek a range of remedies.
Fund Director’s Guidebook: Key Resource for Registered Fund Directors
The fifth edition provides a primer on the regulatory regime applicable to registered funds, directors’ responsibilities, and key areas of oversight.
Establishing and Challenging Standing in PFAS Litigation
The Sixth Circuit’s dismissal of Hardwick v. 3M, a major PFAS class action lawsuit, has significant implications for standing in PFAS litigation.
AI and Privacy in the New Age of Open Banking
The CFPB’s proposed rule on personal financial data rights seeks to advance open banking but also raises critical questions about data protection.
Understanding the Basics of Cap Table Math in Start-Ups
Founders must know how an equity round will affect ownership and valuation. Learn to calculate a company’s capitalization table following a financing.
Del. Supreme Court Affirms Fox/Snap Section 242 Litigation Decision
The Court held that DGCL §242(b)(2) did not require a separate class vote of nonvoting shares for a charter amendment providing for officer exculpation.
SAFER Banking Act: Marijuana May Soon Become a Bigger Deal
The advancement of the SAFER Banking Act by the Senate Banking Committee could herald a new era of expanded banking and financing of the cannabis industry.
Humana Challenge to 2023 CMS Final RADV Rule: An Attack on Retroactive Rulemaking
Humana has requested the court vacate the rule, arguing it is retroactive rulemaking that upends the predictability of the Medicare Advantage bid process.
A Discussion of Risks Posed by the 2023 CMS Final RADV Audit Rule
The final rule expands RADV audit methods and is expected to increase liability risk for providers party to Medicare Advantage risk-sharing arrangements.
Strategies for Resolution of Defaults under Commercial Loans
Lenders should consider the nature of the commercial borrower’s default, the type of collateral, and more when exploring negotiated forbearance agreements.
Navigating the 2024 Canadian M&A Landscape: Trends, Risks, and Opportunities
Key factors shaping the M&A environment in Canada in 2024 include interest rates, evolving dynamics of private credit, and interest in renewable energy.
When Can the Covenant of Good Faith and Fair Dealing Be Invoked?
The implied covenant can be applied to fill certain gaps in an agreement, as well as when a party is granted discretionary authority in a contract.
Restructuring in the Cayman Islands: The New Regime
The first notable court decisions on the Restructuring Officer regime have provided useful clarification on this new tool for Cayman companies in distress.
UK Court of Appeal Overturns High Court’s Approval of Adler Group Restructuring Plan
In the first appellate ruling on Part 26A restructuring plans, the Court declared the Adler Group’s plan to be in violation of the pari passu principle.
DIDMCA Opt-Out and True Lender Legislative Proposals to Watch
The District of Columbia, Florida, Maryland, and Washington have proposed true lender legislation since late 2023, with DC’s paired with a DIDMCA opt-out.
BC Tribunal Confirms Companies Remain Liable for Information Provided by AI Chatbot
The British Columbia Civil Resolution Tribunal found in favor of a consumer who sued Air Canada after an AI chatbot on its website provided misinformation.
Month-In-Brief
February 2024 in Brief: Business Litigation & Dispute Resolution
Month-in-Brief update: Musk’s $55.8B Tesla Compensation Plan Found Not Entirely Fair, 2nd Circuit Rejects Mailed Update to Arbitration Provisions, & more.
February 2024 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: New DOL Rule on Independent Contractor Classification, FTC Promotes Patent March-In Rights, and more, from IP law to gaming law.
February 2024 in Brief: Corporations, LLCs & Partnerships
Month-in-Brief update: Delaware Court of Chancery Dismisses Derivative Action against Walgreens Board for Failure to Plead Valid Caremark Claim, and more.
February 2024 in Brief: International Business Law
Month-in-Brief update: Italy Passes Law to Protect, Promote ‘Made in Italy’; New Disability Accommodation Requirement to Take Effect in Japan; and more.
February 2024 in Brief: Internet Law & Cybersecurity
Month-in-Brief update: Pro Se Appellant Sanctioned by Missouri Court of Appeals for Citations to Fictitious AI-Generated Cases.
February 2024 in Brief: Mergers & Acquisitions
Month-in-Brief update: Bespeaks-Caution Doctrine Applied in Dismissed SPAC Suit, Del. Court Denies Preliminary Injunction to Enjoin Drag-Along Sale, & more.
February 2024 in Brief: Securities Law
Month-in-Brief update: SEC Implements Enhanced Rules for SPAC IPOs and De-SPAC Transactions; SEC Chief Accountant Discusses Audit Quality.